Terms of use

Capify Australia PTY LIMITED (ABN 38 630 469 117), previously known as AmeriMerchant Holdings LLC and AUSvance LLC, operates this website to provide online access to information about Capify and its products, services and opportunities. By accessing and using this site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to the specific areas of this site are posted throughout the site and, together with these Terms of Use, govern your use of these areas, content and/or transactions.

Capify reserves the right to modify the content of its website, including the Terms of Use, without prior notice. Your use of the site constitutes your agreement to follow and be bound by the terms and conditions of the site, as well as these Terms of Use, as modified. You are encouraged to review the website and these Terms of Use periodically for updated and modifications.

Authorized Use

You are granted a limited license to access and use the website, and to download or print a copy of any portion of the content solely for your personal or informational use, provided that you keep all copyright or other proprietary notices intact. You may not copy, display, modify, publish, reproduce, store, transmit, post, create other derivative works from, or sell, rent or license any part of the content obtained from the website in any medium to anyone, except as otherwise expressly permitted under these Terms of Use, relevant license or authorization by Capify. Said limited license is subject to these Terms of Use, and does not include use of any data mining, robots, or similar data gathering or extraction methods.

You further agree that you will NOT do any of the following:

1. Harvest or collect email addresses or other contact information of portal users from the website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.

2. Use automated scripts to collect information from the website or for any other purpose.

3. Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity.

4. Impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity.

5. Upload, post, transmit, share, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

6. Upload, post, transmit, share, store, or otherwise make publicly available on the website any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, social security numbers, and credit card numbers.

7. Upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

8. Use or attempt to use another’s account, service, or system without authorization from Capify, or create a false identity on the website.

9. use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);

10. frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site’s pages, or otherwise affect the display of this Site’s pages;

11. engage in the practices of “screen scraping,” “database scraping” or any other activity with the purpose of obtaining content or other information;

12. Use data provided by Capify, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from Capify in the past to compete with the products or services of Capify; or

13. use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of this Site.

14. Upload, post, transmit, share, store, or otherwise make available content that, in the sole judgment of Capify, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose Capify or its affiliates, licensors and their respective officers, directors, employees, agents and representatives, or website users to any harm or liability of any type.

Capify reserves the right, in its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party’s User Content at any time with or without notice for any or no reason.

We may terminate, disable or throttle your access to, or use of, this Site and the Services at any time without notice for any reason, with or without cause at Capify’s sole discretion.

The following provisions of this Agreement shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Site.

Authorized Users

As a user of the website, you affirm that you are 18 years of age or older. Capify will not consider nor retain any applications, comments or information submitted by persons under the age of 18. You assume all responsibility for your use of, or access to, the website, including your access to any website content or user content, and hereby waive all claims or causes of action against Capify, its affiliates, licensors and their respective officers, directors, employees, agents and representatives in connection therewith.

Additional Representations: Business and Other Entity Users

In addition to any representations indicated herein, you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the site to:

· register for multiple User accounts on behalf of the same business or entity;

· operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;

· operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct, or for any purpose prohibited by any other agreement between the business, guarantor or entity and Capify;

· operate a User account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;

· communicate with any other User regarding the business or entity, or its business operations, other than anonymously and publicly via the Site, or upload, post, transmit, share or otherwise make available any information or informational material identifying the business or entity or its business operations (other than Registration Data provided to Capify or other information requested by Capify or otherwise necessary for your use of the Site or Service); and

· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information regarding the business or entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Registration Data provided to Capify).

Third-Party Links

Links on this website are provided solely as a convenience to you. By clicking on these links, you understand that you are leaving the Capify site, and are no longer governed by these Terms of Use and Privacy Policy. Capify is not responsible for the availability or content of any third-party website. Keep in mind that third-party websites may have different terms of use and privacy policies.

Feedback

Capify may offer the opportunity to provide feedback as a part of its services. By providing feedback to Capify, you give a non-exclusive, irrevocable, perpetual and sub-licensable right for us to share the information in any format and for any purpose, including but not limited to, advertising use. No compensation will be paid to you for your submission, and Capify is under no obligation to use or post any information provided.

You warrant that you own or control all of the rights to all content, photographs, videos or images, and that such content, photographs, videos and images do not infringe upon the intellectual property rights of any third parties. You agree to indemnify Capify, our affiliates, agents and partners for any and all claims resulting from the content you submit.

You may not post content that is unlawful, obscene, threatening, inflammatory, libelous, defamatory, or that includes any misleading information. Capify may remove any submission at any time in its sole discretion.

Ownership

Capify retains all right, title and interest in this website and its content, designs and layouts, functions, graphics, photographs, music, sound, features and services offered on this website, including any and all copyright, trademark and other intellectual property rights. Capify reserves all rights not expressly granted. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein.

Authorization to Contact You by Telephone

You authorize Capify, our affiliates, agents, partners and independent contractors to contact you at any telephone number you provide to us or from which you place a call to us, or any telephone number where we believe we may reach you, using any means of communication, including but not limited to, calls or text messages to mobile, cellular, wireless or similar devices and calls or text messages using an automated telephone dialing system and/or artificial voices or prerecorded messages, even if you incur charges for receiving such communications.

You consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

Electronic Communications

By using parts of this website, or sending e-mails to Capify, you are communicating with us electronically. You agree to receive communications from us electronically, and that all agreements, notices, disclosures and other communications that we, our affiliates, partners or independent contractors provide to you electronically satisfy any legal requirement that such communication be in writing and are effective immediately.

If you are accessing our website and the disclosures via a mobile device (e.g., smart phone, tablet, etc.), you must make sure that you have software on your mobile device that allows you to print and save any and all disclosures provided to you during the application process. If you do not have these capabilities on your mobile device, please access this website or portal through a device that provides these capabilities.

You may withdraw your consent to receive disclosures electronically by contacting us at the address below. However, once you have withdrawn your consent you will not be able to post any funding requests on our website. If you have a pending request on our website, we will terminate it and remove it from our system. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send disclosures to your verified business address provided during registration.

You can contact us via email at [email protected] or by calling our Customer Service Team at 1300 760 930. You may also reach us in writing to us at the following address: Capify, Level 4, suite 3, 18 Smith St, Parramatta, NSW, 2150

Disclaimer

NONE OF CAPIFY, ITS PARENT, ANY OF ITS AFFILIATES, SUBSIDIARIES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “CAPIFY PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND THE LENDING CLUB PARTIES DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

THE SITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. CAPIFY ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT, FINANCIAL DAMAGES OR LOST PROFITS, LOSS OF BUSINESS, OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE, ANY USER CONTENT OR THIRD PARTY CONTENT POSTED ON OR THROUGH THE SITE OR THE SERVICE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE.

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAPIFY OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND CAPIFY’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification
You agree to indemnify, defend, and hold harmless Capify, its affiliates, licensors, and partners, including without limitation, Capify’s service providers and banks—and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms of Use, your use of the website, website content, or user content (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing any website on your behalf. Capify reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

Digital Millennium Copyright Act
Capify takes the issue of copyright infringement very seriously, and has adopted the following policy in accordance with the Digital Millennium Copyright Act (DMCA) (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). It is Capify’s policy to (1) block access to or remove content posted by users that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue providing the service to repeat offenders.

If you believe that any content on this website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately by email at [email protected] or by calling our Customer Service Team at 1300 760 930.

1. Identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online site are covered by a single notification—a representative list of such works at that site;

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;

4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.

You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.

In accordance with the DMCA and other applicable law, Capify has adopted a policy of terminating, in appropriate circumstances and at Capify’s sole discretion, the memberships of members who are deemed to be repeat infringers. Capify may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Security
You are responsible for maintaining the confidentiality of your identification and password information, and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your identification and password.

Capify reserves the right to terminate your access to the website or portal, or cancel your user name and password at any time and for any reason including, without limitation, your violation of these Terms of Use.

Privacy

Please review the Site’s Privacy Policy. By using the Site or the Service, you are consenting to the Privacy Policy and agree to have your personal data transferred to and processed in the United States. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes.

Governing Law and Jurisdiction
These Terms of Use, and the interpretation, performance, and enforcement of your and Capify’s rights and duties, shall be construed in accordance with the laws of the State of Arizona, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties. By using any website, you agree to submit any and all disputes arising out of or relating to these Terms of Use to the exclusive jurisdiction of the state or federal courts located in New York County, New York, or, at Capify’s sole election, or to binding arbitration before a single arbitrator pursuant to the American Arbitration Association’s Commercial Dispute Resolution Procedures, with such arbitration to take place in New York County, New York.

Severability
If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

Force Majeure
Capify shall not be liable for any failure or delay in performance due in whole or in part to any cause beyond the reasonable control of such party or its contractors, agents or suppliers, including but not limited to utility or transmission failures, power failure, strikes or other labor disturbances, acts of God, acts of war or terror, floods, sabotage, fire, natural or other disasters.

Contact Us
If you have any questions or concerns about these Terms of Use, please contact us at [email protected] or by calling our Customer Service Team at 1300 760930.